NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-2470
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Dnployes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (former Lehigh Valley
( Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier, without just and sufficient cause, on the basis of
unproven charges and in violation of the Agreement, improperly disciplined
Trackman G. Kline on the charges that
(a) he allegedly falsified his time on October 24 and 25, 1979
(System Docket LV-201);
(b) he allegedly was absent from his assignment on November
12, 13, 15, 16, 20, 27, and 29, 1979 without authority (System
Docket LV-199);
(c) he allegedly was insubordinate and that he deliberately damaged
Company property (System Locket LV-200).
(2) The claimant shall be reinstated with seniority and all other rights
unimpaired, his record be cleared of the above charges and he shall be compensated
for all wage loss suffered."
OPINION OF BOARD: Trackman G. Kline, the Claimant, had, at the time of his
dismissal, over two years service with the Carrier. On
November 13, 1979, the Claimant was given notice of an investigation to be held
on December 6, 1979, in connection with the charge he falsified his time cards
for October 24 and 25 claiming eight hours work each day when, in fact, he was
absent from work. The hearing was held on December 18, and Claimant was assessed
discipline of thirty demerits.
On
December 4, 1979, Claimant was given notice to appear at an
investigation on January 10, 1980, in connection with his charged unauthorized
absence from assignment on November 12, 13, 15, 16, 20, 27, and 29, 1979. The
hearing was postponed and rescheduled and held on March 12, 1980. The Claimant
did not appear. As a result of the investigation, Claimant was assessed twenty
demerits.
On
December 21, 1979, Claimant was instructed to appear at an
investigation to be held on January 8 on a charge of insubordination. The
hearing was held as scheduled without the presence of the Claimant, and he was,
thereafter, assessed a penalty of forty-five demerit points.
On
April 1, 1980, the Claimant was notified of the assessment of the
twenty demerits issued as a result of the March 12 hearing for unauthorized
absence. When added to the forty-five demerits assessed for the insubordination
charge, the total of ninety-five equaled dismissal by Carrier in all capacities.
Award Number 24872 Page 2
Docket Number MW-24705
This Board's review of the entire record, which incorporated the
transcripts of all three investigations, leaves us to conclude the Carrier's
assessment of demerits and, ultimately, the Claimant's dismissal was supported by
substantial evidence.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employes within the meaning of the Railway Labor Act, as approved
June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD,
By Order of Third Division
ATTEST:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 28th day of June, 1984